What is the Courts of Justice Act and how does it affect civil litigation in Ontario?

The Courts of Justice Act is the foundational Ontario statute that establishes the structure, jurisdiction, and powers of Ontario's courts. It creates and defines the authority of the Court of Appeal for Ontario, the Superior Court of Justice (including the Small Claims Court, which is a branch of the Superior Court), and the Ontario Court of Justice. For civil litigants, it is the legislation that sets out which courts can hear which types of cases and what remedies they can grant.

Among its provisions relevant to civil litigation, the Act governs how judges are appointed and how they may act, sets out the general principles for awarding costs and interest on judgments, empowers courts to grant injunctions and other equitable remedies, and establishes the appeals route from lower courts to higher ones.

For practical purposes, most litigants encounter the Courts of Justice Act indirectly — through the interest provisions that govern what rate applies to a judgment, or through the rules about when and how a matter can move from one court to another. The Act works alongside the Rules of Civil Procedure (which govern procedure in the Superior Court) and the Rules of the Small Claims Court.

If a specific provision of the Act is relevant to your case, a lawyer can identify it and explain how it applies to your situation.